BILL NUMBER: SB 413	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator La Malfa

                        FEBRUARY 16, 2011

   An act  to amend Section 103050 of the Health and Safety Code,
  relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 413, as amended, La Malfa. Disposition of human 
remains: fees.   remains.  
   Existing law prohibits a person from disposing of human remains
unless a death certificate has been obtained and filed with a local
registrar and a permit for disposition has been obtained from a local
registrar.  
   This bill would deem a permit for the disposition of human remains
to have been issued if no action has been taken within 3 weeks after
a permit for disposition has been requested from the local
registrar.  
   Under existing law, the local registrar of births and deaths is
required to collect various fees for an application for the
disposition of human remains.  
   This bill would state the intent of the Legislature to eliminate
the fees for the disposition of human remains. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 103050 of the   Health
and Safety Code   is amended to read: 
   103050.  (a) No person shall dispose of human remains unless both
of the following has occurred:
   (1) There has been obtained and filed with a local registrar a
death certificate, as provided in Chapter 6 (commencing with Section
102775).
   (2)  There has been obtained from a local registrar a
  A  permit for disposition  has been requested
and obtained from the local registrar  .
   (b) (1) Notwithstanding subdivision (a), neither a death
certificate nor a permit for disposition shall be required to
transport human remains from California to an adjacent state for
disposition in that state when all of the following circumstances
exist:
   (A) The remains are found within 50 miles of the California border
and the nearest licensed funeral establishment is within 20 miles of
the border in the adjacent state, and the remains are released to
that funeral establishment.
   (B) The coroner with jurisdiction over the area in which the
remains were found authorizes their release pursuant to paragraph
(2).
   (2) The coroner may release the remains to a licensed out-of-state
funeral establishment without a death certificate or permit for
disposition when he or she determines that all of the following
conditions exist:
   (A) No forensic interest in the remains exists.
   (B) A reasonable certainty exists that the cause of death will be
provided either by the primary physician, or by a review of medical
records by the coroner or medical examiner.
   (3) The coroner with jurisdiction over the area in which the
remains were found who releases the remains to an out-of-state
funeral establishment shall, within 72 hours after the remains were
found, file a death certificate with the local registrar.
   (c) Nothing in this section shall exempt a coroner, health
officer, health care provider, or other individual from requirements
to report a case or suspected case of any reportable communicable
diseases or conditions pursuant to any provision of the Health and
Safety Code or the California Code of Regulations. 
   (d) A permit for disposal shall be deemed to have been issued
pursuant to paragraph (2) of subdivision (a) if no action has been
taken by the local registrar within three weeks after a request for
the permit has been made.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would eliminate the fees for the
disposition of human remains.